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Mishnah Nedarim
משנה נדרים
Mishnah Yomit by Dr. Joshua Kulp
http://learn.conservativeyeshiva.org/mishnah/
Mishnah Nedarim
Chapter 1
All the substitutes for vows have the validity of vows. Those for haramim have the validity of haramim, And those for oaths have the validity of oaths, And those for nazirite [vows] have the validity of nazirite [vows]. If one says to his fellow, “I am forbidden from you by a vow”; “I am separated from you”; “I am distanced from you”, “that I should eat from yours”, “that I should taste from yours”, he is prohibited. If he says: “I am banned to you”, Rabbi Akiba was inclined to rule stringently. [If one says] “As the vows of the wicked”, he has vowed in respect of being a nazirite, or a sacrifice, or an oath. [If he says] “As the vows of the fit”, he has said nothing. [But if he said] “As their freewill-offerings” he has vowed in respect of being nazirite and a sacrifice.
One who says, “konam” “qonah” or “qonas”: these are the substitutes for korban. “Herek” “herech” or “heref,” these are substitutes for herem. “Nazik” “naziah” “paziah” these are substitutes for nazirite vows. “Shevuthah” “shekukah” or one who vows with the word “mota” these are substitutes for shevuah (an oath).
If one says “Not-unconsecrated food shall I not eat from you”, “Not fit”, or “Not pure”, “Clean” or “Unclean”, “Remnant” or “Piggul he is bound [by his vow]. [If one says, “May it be to me], as the lamb”, “As the Temple pens”, “As the wood [on the altar]”, “As the fire [on the altar]”, “As the altar”, “As the Temple” or “As Jerusalem”; [or] if one vowed by reference to the altar utensils, even though he did not mention “korban”, behold this one was vowed by a korban. Rabbi Judah said: He who says “Jerusalem” has said nothing.
If one says “A korban”, “A wholly burnt-offering”, “A meal-offering”, “A sin-offering”, “A thanksgiving-offering”, “A peace-offering, should be that which I eat from you” he is bound [by his vow]. Rabbi Judah permitted [him]. [If he says] “The korban”, “like a korban”, “korban”, should be that which I eat from you he is bound [by his vow]. If he says, “That which I shall not eat of yours should be a korban”, Rabbi Meir forbids [him]. If one says to his fellow, “Konam be my mouth which speaks with you”, “My hands which work for you” [or] “My feet which walk with you,’ he is forbidden.
Chapter 2
And these [vows] are not binding: [One who says] “What I eat of yours shall be unconsecrated”; “As the flesh of the swine”; “As an object of idolatrous worship”; “As hides pierced at the heart”; “As carrion”; “As terefoth”; “As abominations”; “As creeping things”; “As Aaron’s dough”; “As his terumah”--[in all these cases the vow is] not binding. If one says to his wife, “Behold! You are like my mother to me”, he must be given an opening on other grounds, in order that he should not act lightly in such matters. [If one says,] “Konam if I sleep”; “If I speak”; or “If I walk”; or if one says to his wife, “Konam if I cohabit with you,” he is liable to [the biblical prohibition] “he shall not break his word” (Numbers 30:. [If he says,] “I swear] an oath not to sleep”, or, “talk,” or, “walk,” he is forbidden [to do so].
[If he says,] “A korban should be what I do not eat of yours”; “By a korban! If I eat of yours”; “What I do not eat of yours should not be a korban to me” the vow is not binding. [If he says], “An oath [that] I will not eat of yours”; “An oath that I eat of yours”; “No oath [that] I will not eat of yours” his oath is valid. In these instances oaths are more stringent than vows. There is [also] greater stringency in vows than in oaths. How so? If one says, “Konam be the sukkah that I make,”; “The lulav that I take”; “The tefillin that I put on”; as vows they are binding, but as oaths they are not, because one cannot swear to transgress the commandments.
There is a vow within a vow, but not an oath within an oath. How is this so? If one declares, “Behold, I will be a nazir if I eat [this thing]”; “Behold, I will be a nazir if I eat [this thing]” and then he eats [it], he is liable for each and every one. “I swear that I will not eat [this thing]”, “I swear that I will not eat [this thing]” and then he eats [it], he is only liable for one oath.
Unspecified vows are interpreted strictly, but if specified [they are interpreted] leniently. How so? If one says, “Behold! This is to me as salted meat”; or “As wine of libation” If he vowed by that which is to Heaven, his vow is valid. If by that which is idolatrous, his vow is invalid. And if it was unspecified, his vow is valid. [If he says], “Behold! This is to me as herem” If as a herem to Heaven, his vow is valid; If as a herem to the priests, his vow is invalid. If it was unspecified, his vow is valid. “Behold! This is to me as a tithe” If he vowed, as tithes of beasts, his vow is valid. If as grain tithes, his vow is invalid. If unspecified, his vow is valid. “Behold! This is to me as terumah” If he vowed, as the terumah of the Temple-chamber, his vow is valid. If as the terumah of the threshing-floor, his vow is invalid. If unspecified, his vow is valid. The words of Rabbi Meir. Rabbi Judah says: An unspecified reference to terumah in Judea is a valid vow, but not in Galilee, because the Galileans are unfamiliar with the terumah of the Temple-chamber. Unspecified references to haramim in Judea are not binding but in Galilee they are, because the Galileans are unfamiliar with priestly haramim.
If one vows by herem, and says, “I vowed only by a herem (a of the sea”; [If he says] “By a korban”, and then says, “I vowed only by korbanot (gifts) of kings”; [If he says] “Behold! I myself (atzmi) am a korban”, and then says, “I vowed only by the etzem (bone) which I keep for the purpose of vowing”; [If he says,] “Konam be any benefit my wife has from me”, and then says, “I spoke only of my first wife, whom I have divorced” Regarding none of these [vows] should they inquire [of a sage in order to break them], but if they inquire about them, they are punished and treated strictly, the words of Rabbi Meir. But the Sages say: they are given an opening on other grounds, in order that they should not act lightly with vows.
Chapter 3
Four types of vows the Sages have invalidated: Vows of incentive, vows of exaggeration, vows in error, and vows [broken] under pressure. Vows of incentive how so? If one was selling an article and said, “Konam that I will not reduce below a sela”; and the other replied, “Konam that I will not add above a shekel” both of them want [a price] of three denarii. Rabbi Eliezer ben Jacob says: Also one who wishes to subject his friend to a vow to eat with him, may say: “Every vow which I may make in the future shall be void”, providing that he remembers this at the time of the vow.
Vows of exaggeration: If one says, “Konam if I did not see on this road as many as departed from Egypt”; “If I did not see a snake [as thick as the] the beam of an olive press. Vows in error: [If one says, “Konam,] if I ate or drank”, and then remembered that he had; “If I eat or drink” and then forgot [his vow] and ate or drank; “Konam be any benefit which my wife has from me, because she stole my purse or beat my child, and it was subsequently learnt that she had not beaten him nor stolen”; If one saw people eating [his] figs and said to them, “Let the figs be a korban to you,” and then discovered the people to be his father or his brothers. If others were with them: Beth Shammai says: his father and brothers are permitted, but the rest are forbidden. Beth Hillel says: all are permitted.
Vows [broken] under pressure: if one subjected his neighbor to a vow to eat with him, and then he or his son fell sick, or a river prevented him [from coming] such is a vow [broken] under pressure.
One may vow to murderers, robbers, or tax collectors that it [the produce which they demand] is terumah, even if it is not; [or] that it belongs to the royal house, even if it does not. Beth Shammai says: one may make any form of vow, except an oath; But Beth Hillel says: even an oath. Beth Shammai says: he must not volunteer to vow; Beth Hillel says: he may do so. Beth Shammai says: [he may vow] only as far as he makes him vow; Beth Hillel says: even in respect of what he does not make him vow. How so? If they said to him, say: “Konam be any benefit my wife has of me”, and he said, “Konam be any benefit my wife and children have of me,” Beth Shammai says: his wife is permitted, but his children are forbidden; Beth Hillel says: both are permitted.
[If one says,] “Behold these saplings are a korban if they are not cut down”; or, “This garment is a korban if it is not burnt”, they can be redeemed. [If he says,] “Behold these saplings are a korban until they are cut down”; or, “This garment is a korban until it is burnt”, they cannot be redeemed.
He who vows [not to benefit] from seafarers, may benefit from land-dwellers; [But he who vows not to benefit] from land-dwellers, is forbidden [to benefit] even from seafarers, because seafarers are included in land-dwellers; not those who merely travel from Acco to Jaffa, but even those who sail away great distances [from land].
He who vows [not to benefit] from those who see the sun, is forbidden [to benefit] even from the blind, because he meant those whom the sun sees.
He who vows [not to benefit] from the black-haired may not [benefit] from the bald or the gray-haired, but may [benefit] from women and children, because only men are called black-haired.
One who vows [not to benefit] from those born may [benefit] from those to be born; from those to be born, he may not [benefit] from those born. Rabbi Meir permits [him to benefit] even from those to be born; But the Sages say: he meant all whose nature it is to be born.
He who vows [not to benefit] from those who rest on the Sabbath, is forbidden [to benefit] both from Israelites and Samaritans (Cutheans). If he vows [not to benefit] from garlic eaters, he may not benefit from Israelites and Samaritans (Cutheans). From those who go up to Jerusalem, he is forbidden [to benefit] from Israelites but from Samaritans (Cutheans) he is permitted.
[If one says,] “Konam that I do not benefit from the Children of Noah,” he may benefit from Israelites, and he is forbidden to benefit from the nations of the world. [If one says, “Konam] that I do not benefit from the seed of Abraham,” he is forbidden [to benefit] from Israelites, but permitted [to benefit] from the nations of the world. [If one says, “Konam] that I do not benefit from Israelites”, he may buy things from them for more [than their worth] and sell them for less. [If he says, “Konam] if Israelites benefit from me, he must buy from them for less and sell for more [than their worth], if they will listen to him. [If he says, “Konam] that I do not benefit from them, nor they from me”, he may benefit only from non-Jews. [If one says,] “Konam that I do not benefit from the uncircumcised”, he may benefit from uncircumcised Israelites but not from circumcised heathens”; [If one says, “Konam] that I do not benefit from the circumcised,” he is forbidden to benefit from uncircumcised Israelites but not from circumcised non-Jews, because “uncircumcised” is a term applicable only to non-Jews, as it says, “For all the nations are uncircumcised and all the house of Israel are uncircumcised in the heart” (Jeremiah 9:25). And it says, “And this uncircumcised Philistine shall be [as one of them]” (I Samuel 17:6). And it says, “Lest the daughters of the Philistines rejoice, lest the daughters of the uncircumcised exult” (II Samuel 1:20). Rabbi Eleazar ben Azariah says: The foreskin is loathsome, since it is a term of disgrace for the wicked, as it says, “For all the nations are uncircumcised”. Rabbi Ishmael says: Great is circumcision, since thirteen covenants were made upon it. Rabbi Yose says: Great is circumcision, for it overrides the Sabbath. Rabbi Joshua ben Karha says: Great is circumcision for Moses’s punishment for neglecting it was not suspended even for one hour. Rabbi Nehemiah says: Great is circumcision, since it overrides the laws of leprosy. Rabbi says: Great is circumcision, for despite all of the commandments which Abraham fulfilled he was not designated complete until he circumcised himself, as it says, “Walk before me, and be complete” (Genesis 17:1). Another explanation: “Great is circumcision, for were it not for it, the Holy One, Blessed Be He, would not have created the world, as it says, “Were it not for my covenant by day and night, I would not have appointed the ordinances of heaven and earth” (Jeremiah 33:25).
Chapter 4
The only difference between one who is under a vow not to benefit at all from his neighbor, and one who is under a vow prohibiting food benefit, is in respect of walking [on his property] and [the use of] utensils not employed in the preparation of food. If a man is under a vow not to derive food benefit from his neighbor, he may not lend him a sifter, sieve, mill-stone or oven, but he may lend him a cloak, ring, garment, and earrings, and whatever is not employed in the preparation of food. In a place where things such as these are rented out, it is forbidden.
If one is under a vow not to benefit from his neighbor, [his neighbor] may pay his shekel, pay off his debts, and return a lost article to him. Where payment is taken for this, the benefit should become sacred property.
He may donate his terumah and his tithes with his consent. He may offer up for him the bird sacrifices of zavim and zavoth and the bird sacrifices of women after childbirth, sin-offerings and guilt-offerings. He may teach him midrash, halakhoth and aggadoth, but not Scripture, yet he may teach his sons and daughters Scripture And he may support his wife and children, even though he is liable for their maintenance. But he may not feed his beasts, whether clean or unclean. Rabbi Eliezer says: he may feed an unclean beast of his, but not a clean one. They said to him: what is the difference between an unclean and a clean beast? He replied to them, a clean beast, its life belongs to heaven, but its body is his own; but an unclean animal its body and life belongs to heaven. They said to him: The life of an unclean beast too belongs to heaven and the body is his own for if he wishes, he can sell it to a non-Jew or feed dogs with it.
If one is forbidden to benefit from his neighbor, and he pays him a visit [in sickness] he must stand, but not sit. He may afford him a cure of life, but not a cure of money. He may bathe together with him in a large bath, but not in a small one. He may sleep in a bed with him. Rabbi Judah said: in summer, but not in winter, because he thereby benefits him. He may [nevertheless] recline with him on a couch. [He may] eat at the same table with him but not out of the same bowl; but he may eat with him out of a bowl which returns. He may not eat with him out of the food trough put before laborers. He may not work with him on the same furrow, the words of Rabbi Meir. But the Sages say: he may work at a distance from him.
He who is forbidden by vow to benefit from his neighbor, [if the vow was imposed] before the seventh year, may not enter his field, nor eat produce that hangs over [from the other’s property]. If [the vow was imposed] in the seventh year, he may not enter his field, but may eat of the produce that hangs over [from the other’s property]. If he was forbidden [merely] in respect of food, [and the vow was imposed] before the seventh year, he may enter his field, but may not eat of its fruits. But [if it was imposed] in the seventh year, he may enter [his field] and eat [of its fruits].
He who is forbidden by vow to benefit from his neighbor may not lend [objects] to him or borrow from him, lend [money] to him or receive from him a loan, sell to him or purchase from him. One says to another, “Lend me your cow.” [The other] says, “It is not available.” [The first one] says, “Konam, if I ever plow my field with it’. If he generally plowed himself, he is forbidden, but others are permitted. But if he did not generally plow himself, he and others are forbidden.
If one is forbidden by vow to benefit from his neighbor, and he has nothing to eat, he [the neighbor] can go to the shopkeeper and say, “So-and-so is forbidden by vow to benefit from me, and I do not know what to do.” The shopkeeper may then provide for him, and come and receive payment from him [the neighbor]. If he had to build his house, or his fence to set up, or his field to harvest, he [the neighbor] may go to laborers, and say, “So-and-so is forbidden by vow to benefit from me, and I do not know what to do.’ They may then work for him and come and receive wages from him [the neighbor].
If they are walking together on the road, and he has nothing to eat, he can make a gift to a third person, and he is permitted [to eat] it. If there is no one else with them, he may put it on a stone or a wall and say, “This is free to whomever desires it”, and the other takes and eats it. Rabbi Yose prohibits this.
Chapter 5
If joint owners [of a courtyard] made a vow not to benefit from one another, they may not enter the courtyard. Rabbi Eliezer ben Jacob says: This one enters his own property and this one enters his own property. And both are forbidden to set up a mill-stone or an oven or raise chickens. If [only] one was forbidden by vow to benefit from the other, he may not enter the court. Rabbi Eliezer ben Jacob says: He can say to the other, “I am entering into my own, and I am not entering into yours.’ They force the one who vowed to sell his share [of the courtyard].
If a man from the street was forbidden by vow to benefit from one of them, he may not enter the courtyard. Rabbi Eliezer ben Jacob says: He can say to him, “I am entering into your friend’s and not into yours.”
If one is forbidden by vow to benefit from his neighbor, and he owns a bath-house or an olive press which is leased to someone in the town, and he has an interest in them, he is forbidden [to make use of them]; If [he does] not [have an interest in them], he is permitted. If a man says to his neighbor, “Konam, if I enter your house”, or “[Konam] if I purchase your field”, and then [the owner] dies or sells it to another, he is permitted [to enter or buy it]; [But if he says] “Konam, if I enter this house”, or “[Konam] if I purchase this field”, and [the owner] dies or sells it to another, he is forbidden.
[If a man says to his neighbor] “Behold, I am herem to you” the opposite party is forbidden [to derive benefit from the one who swore]. “Behold, you are herem to me” the one who swore is forbidden. “Behold, I am [herem] to you, and you are [herem] to me”, both are forbidden. Both are permitted [to enjoy the use of] those things which belong to those who came up from Babylonia [to Jerusalem], but are forbidden [the use of] things that belong to that town.
What are the things that belong to those that came up from Babylonia [to Jerusalem]? For example the Temple Mount and the Temple courtyards and the well in the middle of the road. What are the things that belong to that town? For example the public square, the bath-house, the synagogue, the ark, and the [sacred] scrolls. And he should assign his portion to the Patriarch. Rabbi Judah says: it is the same whether he assigns it to the Patriarch or to a private individual. But what is the difference between one who assigns it to the Patriarch and one who assigns it to a private individual? If he assigns it to the Patriarch, he need not [formally] confer title. But the Sages say: both this and this require formal conferring of title, they mentioned the Patriarch in particular as this is usual. Rabbi Judah said: The Galileans need not assign [their portion], because their ancestors have already done so for them.
If one is forbidden by vow to benefit from his neighbor and has nothing to eat, he may give it [the food] to a third party, and he is permitted to use it. It happened to one in Beth Horon that his father was forbidden to benefit from him. Now he [the son] was giving his son in marriage and he said to his neighbor, “The courtyard and the banquet are give to you as a gift, but they are yours only that my father may come and feast with us at the banquet.” He said to him, “If they are mine, let them be dedicated to heaven!” [The son] responded, “But I did not give you my property to dedicate it to heaven.” [The other] responded, “You gave me yours so that you and your father might eat and drink together and become reconciled to one another, while the sin [of a broken vow] should devolve upon his (i.e. head.” When the matter came before the Sages, they ruled: every gift which is not [so given] that if he [the recipient] dedicates it, it is dedicated, is no gift [at all].
Chapter 6
He who vows [not to eat] what is “cooked [mebushal] is permitted what is roasted or seethed. If he says, “Konam if I taste any cooked dish [tabshil]” he is forbidden [to eat] food loosely cooked in a pot, but is permitted [to eat] food solidly-cooked. He may also eat a lightly boiled egg and gourds put in ashes.
He who vows abstinence from food prepared in a pot, is forbidden only from food boiled in a pot; But if he says, “Konam that I taste whatever goes down into a pot”, he is forbidden everything prepared in a pot.
[He who vows abstinence] from what is pickled is forbidden only pickled vegetables; [If he says, “Konam,] if I taste anything pickled”, he is forbidden all pickled. [He who vows abstinence] from what is seethed is forbidden only seethed meat; [If he says, “Konam,] if I taste anything seethed” he is forbidden every thing seethed. [He who vows abstinence] from what is roasted is forbidden only roasted meat, the words of Rabbi Judah. [If he says, “Konam,] if I taste anything roasted” he is forbidden anything roasted. [He who vows abstinence] from what is salted is forbidden only salted fish; [If he says, “Konam,] if I taste anything salted” he is forbidden anything salted.
‘[Konam,] if I taste fish or fishes,” he is forbidden [to eat] them, whether large or small, salted or unsalted, raw or cooked. But he may eat chopped terith and brine. He who vows [abstinence] from zahanah is forbidden chopped terith, but may eat brine and pickled fish brine. He who vows [abstinence] from chopped terith may not eat of brine and pickled fish brine.
He who vows [abstinence] from milk is permitted to eat curds. But Rabbi Yose forbids it. [He who vows abstinence] “from curds,” is permitted milk. Abba Shaul says: he who vows abstinence from cheese, is prohibited to eat [cheese], whether salted or unsalted.
He who vows [abstinence] from meat may eat broth and meat sediment. But Rabbi Judah prohibits. Rabbi Judah said: it once happened that Rabbi Tarfon prohibited me from eating [even the] eggs boiled [with the meat]. They replied: That is so. When is this true? When he says “This meat is prohibited to me.” For if one vows [to abstain] from something, and it is mixed up with another thing, if there is a sufficient [amount of the prohibited food] to impart its taste [to the other] it is forbidden.
He who vows [abstinence] from wine, may eat food which contains the taste of wine. If he says, “Konam if I taste this wine”, and it falls into food, if it is sufficient to impart its taste [to the food] it is forbidden. He who vows [abstinence] from grapes is permitted wine; from olives, is permitted oil. If he says, “Konam if I taste these olives and grapes”, he is forbidden to eat them and [the liquids] that come out of them.
He who vows abstinence from dates is permitted date honey; from winter grapes, is permitted winter-grape vinegar. Rabbi Judah ben Bathyra said: if it bears the name of its origin, and he vows to abstain from it, he is forbidden [to benefit] from what comes from it. But the Sages permit it.
He who vows abstinence from wine is permitted apple-wine; from oil, is permitted sesame oil; from honey, is permitted date honey; from vinegar, is permitted winter grape vinegar; from leeks, is permitted porrets; from vegetables, he is permitted field-vegetables, because it is an accompanying name.
[He who vows abstinence] from cabbage is forbidden asparagus; from asparagus, is permitted cabbage; From grits, is forbidden grits pottage; Rabbi Yose permits it; from grits pottage is permitted grits. From grits pottage, is forbidden garlic; Rabbi Yose permits it; from garlic, he is permitted grits pottage. From lentils, is forbidden lentil cakes; Rabbi Yose permits them; from lentil cakes, is permitted. [If one says] “Konam, if I eat wheat [or] wheats,” he is forbidden both flour and bread. “If I eat grit [or], grits,” he is forbidden both raw and cooked. Rabbi Judah says: [If one says], “Konam, if I eat grits or wheat,” he may chew them raw.
Chapter 7
He who vows abstinence from vegetables is permitted gourds. Rabbi Akiba prohibits. They said to him: And does not a man say to his messenger “Bring me vegetables,” and he replies, “I could find only gourds.” He said to them: That is so! But would he say, “I could find only pulse?” For gourds are included in vegetables, while pulse is not. He is forbidden fresh Egyptian beans but permitted the dry species.
He who vows abstinence from grain is forbidden dry Egyptian beans, the words of Rabbi Meir. But the Sages say: only the five species of grain are forbidden him. Rabbi Meir says: He who vows abstinence from produce (tevuah) is forbidden only the five species; but one who vows abstinence from grain (dagan), is forbidden all; yet he is permitted the fruits of the tree and vegetables.
He who vows not to wear garments is permitted sack-cloth, curtain, and blanket wrapping. If he says, “Konam, if wool comes upon me,” he may cover himself with wool shearings; [Konam] if flax comes upon me”, he may cover himself with stalks of flax. Rabbi Judah says: It all depends upon the person who vows, [thus:] if he was bearing a burden [with wool or flax] and perspires and had bad odor, and he said “Konam if wool or flax come upon me,” he may wear them, but not throw them [as a bundle] over his back.
One who vows not to benefit from a house is permitted the upper story, the words of Rabbi Meir. But the Sages say: the upper story is included in “house”. He who vows not to benefit from the upper story is permitted the use of the house.
One who vows abstinence from a bed is permitted a couch, the words of Rabbi Meir. But the Sages say: A couch is included in “bed”. If he vows abstinence from a couch, he is permitted the use of a bed. One who vows not to benefit from a town, may enter the town’s [Shabbat] border but may not enter its outskirts. But one who vows not to benefit from a house, is forbidden [only] from the door-stop and inwards.
[If one says] “Konam be these fruits to me”, “Konam they are for my mouth,” or “Konam they are to my mouth,” he is forbidden [to benefit] from what is exchanged for them or what grows from them. [If one says “Konam] if I eat or taste of them,” he is permitted [to benefit] from what is exchanged for them or what grows of them, if it is a thing of which the seed itself perishes, but if the seed does not perish, even that which grows out of that which [first] grew from it is forbidden.
If one says to his wife, “Konam be the work of your hands to me,” or ”Konam be they for my mouth, or “Konam be they to my mouth”, he is forbidden that which is exchanged for them or grown from them. [If he says “Konam] if I eat or taste [of what they produce],” he is permitted [to benefit] from what is exchanged for them or what grows of them, if it is a thing of which the seed itself perishes, but if the seed does not perish, even that which grows out of that which [first] grew from it is forbidden.
[If he says to his wife, “Konam that] what you will produce I will not eat from it until Pesach” or “That what you will produce, I will not wear until Pesach”, he may eat or wear after Pesach that which she produces before Pesach. [If he says to his wife “Konam that] what you produce until Pesach I will not eat”, or “That what you produce until Pesach I will not wear”, what she produces before Pesach he may not eat after Pesach.
[If he says, “Konam] be any benefit you have from me until Pesach, if you go to your father’s house until the festival [of Sukkot],” if she goes before Pesach she may not benefit from him until Pesach; if she goes after Pesach she is subject to, “he shall not break his word” (Numbers 30:3). [If he says, “Konam] be any benefit you have from me until the festival [of Sukkot] if you go to your father’s house before Pesach”, if she goes before Pesach, she may not benefit from him until the festival [of Sukkot], but she is permitted to go after Pesach.
Chapter 8
[If one vows,] “Konam, if I taste wine today,” he is forbidden only until it gets dark. “This Sabbath,” he is forbidden the whole week and the Sabbath belongs to the past [week]; “This month,” he is forbidden the whole of that month, and the beginning of the [following] month belongs to the next month. “This year,” he is forbidden the whole year, and the beginning of the [following] year belongs to the next year. “This week of years,” he is forbidden the whole of that week of years, and the [following] sabbatical year belongs to the past. But if he says, “One day,” “One Sabbath,” “One month,” “One year,” [or] “One week of years,” he is forbidden from day to day.
[If one vows,] “Until Pesach,” he is forbidden until it arrives; “Until it is [Pesach],” he is forbidden until it is completed. “Until before Pesach,”: Rabbi Meir says: he is forbidden until it arrives; Rabbi Yose says: he is forbidden until it is completed.
[If he vows,] “Until the grain harvest, “Until the grape harvest”, or, “Until the olive harvest,” he is forbidden only until it arrives. This is a general rule: Whatever has a fixed time and one vows, “Until it arrives,” he is forbidden until it arrives; if he says, “Until it be”, he is forbidden until it is over. But whatever has no fixed time, whether he says, “Until it be,” or “Until it arrives,” he is forbidden only until it arrives.
[If he says,] “Until the summer,” or, “Until the summer shall be,” [he is forbidden] until people begin to bring [the figs] home in baskets. “Until the summer [harvest] is past,” [he is forbidden] until the knives are folded up [and put away]. [If he vows,] “Until the harvest,” [he is forbidden] until the people begin reaping the wheat harvest, but not the barley harvest. It all depends on the place where he vowed: if in hill-country, the hill-country [harvest]; if in the valley, the valley harvest.
[If one vows,] “Until the rains,” [or], “Until the rains shall be”, [he is forbidden] until the second rainfall descends. Rabban Shimon ben Gamaliel says: until the [normal] time for the [second] rainfall is reached. [If one vows,] “Until the rains cease,” [he is forbidden] until all of Nisan is completed, the words of Rabbi Meir. Rabbi Judah says: Until Pesach is over. [If one vows,] “Konam that I taste not wine for a year”, if the year is intercalated, he is forbidden during the year and its extension. [If one says,] “Until the beginning of Adar,” [he is forbidden] until the beginning of the first Adar; “Until the end of Adar,” until the end of the first Adar. Rabbi Judah says: [If one vows, “Konam that I taste no wine until Pesach shall be,” he is forbidden only until Pesach night, for he meant until the hour when people usually drink wine.
If he vows, “Konam that I taste no meat until the fast [i.e., Yom Kippur] shall be,” he is forbidden only until the eve of the fast, for he merely meant until people usually eat meat. Rabbi Yose, his son, says: “Konam, that I not taste garlic until the Sabbath,” he is forbidden only until Sabbath eve [i.e., Friday night], for he meant, until it is customary for people to eat garlic.
If one says to his neighbor “Konam, what I benefit from you, if you do not come and take for your sons a kor of wheat and two barrels of wine,” the latter may annul his vow without the release of a sage, by declaring, “Did you vow for any other purpose but to honor me? This [refusal] is my honor.” Similarly, if one says to his neighbor, “Konam, what you benefit from me, if you do not give my son a kor of wheat and two barrels of wine”: Rabbi Meir says: he is forbidden until he gives; But the Sages say: he too can annul his vow without the release of a sage, by saying to him, “I regard it as though I have received it.” If they were urging him to marry his sister’s daughter, and he said, “Konam, what she benefits from me forever”; Likewise, if he is divorcing his wife and he said, “Konam, what my wife benefits from me forever,” they are permitted to benefit from him, because he meant only marriage. If he was urging his neighbor to eat at his house, and he replied, “Konam be your house which I do not enter,” or, “The drop of water that I do not drink,” he may enter his house and drink cold water because he only meant eating and drinking in general.
Chapter 9
Rabbi Eliezer says: They release a vow [by reference] to the honor of his father and mother but the Sages forbid. Rabbi Zadok said: Instead of releasing through the honor of his father and mother, they should release [by reference] to the honor of God. If so, there would be no vows! But the Sages admit to Rabbi Eliezer that in a matter concerning himself and his father and mother one may release a vow [by reference] to the honor of his father and mother.
Rabbi Eliezer also said: They release a vow by reference to a new fact; but the Sages forbid it. How is this so? If one said, “Konam that I will not benefit from so and so,” and he [the latter] then became a scribe, or was about to give his son in marriage, and he said, “Had I known that he would become a scribe or was about to give his son in marriage, I would not have vowed;” [Or if he said,] “Konam, is this house that I will not enter,” and it became a synagogue, and he declared, “Had I known that it would become a synagogue, I would not have vowed,” Rabbi Eliezer permits [the vow to be released],but the Sages forbid it.
Rabbi Meir says: Some things are similar to a new fact, and yet are not [treated] as new; but the Sages do not agree with him. How so? If one says, “Konam that I do not marry so and so, because her father is wicked,” and [then] they say to him “He is dead,” or, “He has repented,”; “Konam is this house which I will not enter, because it contains a wild dog,” or, “because there is a snake in it,” and [then] they say to him, “The dog is dead,” or, “The serpent has been killed,” behold these are like new facts, yet actually not [treated] as new facts. But the sages do not agree with him.
Rabbi Meir also said: They release [the vow] by using what is written in the Torah, and they say to him, “Had you known that you were violating [the prohibitions]:“You shall not avenge” (Leviticus 19:18), “You shall not bear a grudge” (ibid.), “You shall not hate your kinsfolk in your heart (ibid., v., “Love your neighbor as yourself” (ibid., v., “Let him live by your side” (ibid. 25:37), for he might become poor and you would not be able to provide for him, [would you have vowed]?”. And should he reply, “Had I known that this is so, I would not have vowed,” he is permitted [the vow is absolved].
They release a vow by reference to a wife’s kethubah. And it once happened that a man vowed not to benefit from his wife and her ketubah amounted to four hundred denarii. He went before Rabbi Akiva, who ordered him to pay her the ketubah [in full]. He said to him, “Rabbi! My father left eight hundred denarii, of which my brother took four hundred and I took four hundred. Isn’t it enough that she should receive two hundred and I two hundred?” Rabbi Akiva replied: even if you have to sell the hair of your head you must pay her her ketubah. He said to him, “Had I known that it is so, I would not have vowed.” And Rabbi Akiva released his vow.
They release vows by reference to the sabbaths and festivals. The earlier ruling was that for these days the vow is cancelled, but for others it is binding, until Rabbi Akiva came and taught: a vow which is partially released is entirely released.
How is this so?If one says, “Konam that which I benefit from any of you,” if one [of those subject to the vow] was [subsequently] released, they are all released. [If he said, “Konam] that which I benefit from this one or this one”: if the first was released, all are released; if the last one was released, he is released, but the rest are forbidden. if the middle person was released, those [mentioned] after him are [also] released, but those [mentioned] before him are forbidden. [If one says,] “Korban that which I benefit from this one, and from this one Korban,” they each require a separate release.
“Konam is the one that I taste, because wine is damaging to the stomach.” They said to him, “But mature wine is beneficial to the stomach.” He is released in respect of mature wine, and not only in respect of mature wine, but of all wine. “Konam the onions that I taste, because they are damaging to the heart.” They said to him, “But village onions are good for the heart,” He is released in respect of village onions, and not only of village onions, but of all onions. Such a case happened before Rabbi Meir, and he permitted all onions.
They release one’s vows [by reference] to his own honor and the honor of his children. They say to him, “Had you known that tomorrow they will say of you, ‘It is the regular habit of so-and-so to divorce his wife’; and concerning your daughters they will say, ‘They are the daughters of a divorced woman. What fault did he find in their mother to divorce her?’ If he replies, “Had I known that it is so, I would not have vowed,” he is released from his vow.
“Konam if I marry that ugly woman,” and she turns out to be beautiful; “That black-skinned woman,” and she turns out to be light-skinned; “That short woman,” and she turns out to be tall, he is permitted to marry her, not because she was ugly, and became beautiful, or black and became light-skinned, short and grew tall, but because the vow was made in error. And thus it happened with one who vowed not to benefit from his sister’s daughter, and she was taken into Rabbi Ishmael’s house and they made her beautiful. Rabbi Ishmael said to him, “My son! Did you vow not to benefit from this one!” He said, “No,” and Rabbi Ishmael permitted her [to him]. In that hour Rabbi Ishmael wept and said, “The daughters of Israel are beautiful, but poverty disfigures them.” And when Rabbi Ishmael died, the daughters of Israel raised a lament, saying, “Daughters of Israel weep for Rabbi Ishmael.” And thus it is said too of Saul, “Daughters of Israel, weep for Saul” (II Samuel 1:24).
Chapter 10
In the case of a betrothed young woman, her father and her betrothed husband annul her vows. If her father annulled [her vow] but not the husband, or if the husband annulled [it] but not the father, it is not annulled; and it goes without saying if one of them upheld [it].
If the father dies, his authority does not pass over to the husband. If the husband dies, his authority passes over to the father. In this respect, the father’s power is greater than the husband’s. But in another respect, the husband’s power is greater than that of the father, for the husband can annul [her vows] when she is of majority age but the father cannot annul her vows when she is of majority age.
If one vowed as a betrothed woman, and then was divorced on that day and betrothed [again] on the same day, even a hundred times, her father and last betrothed husband can annul her vows. This is the general rule: as long as she has not passed out into her own control for even one hour, her father and last husband can annul her vows.
It is the practice of scholars, before the daughter of one of them departs from him, he says to her, “All the vows which you vowed in my house are annulled.” Likewise the husband, before she enters into his domain would say to her, “All the vows which you vowed before you entered my domain are annulled,” because once she enters into his domain he cannot annul them.
[In the case of] a girl who has reached majority age who waited twelve months, or a widow [who waited] thirty days, Rabbi Eliezer says: since her [betrothed] husband is responsible for her maintenance, he may annul [her vows]. But the Sages say: the husband cannot annul [her vows] until she enters into his domain.
If a woman waits for a yavam, whether for one or for two [yevamim]: Rabbi Eliezer says: he can annul [her vows]. Rabbi Joshua says: [only if she waits] for one, but not for two. Rabbi Akiva says: neither for one nor for two. Rabbi Eliezer said: if a man can annul the vows of a woman whom he himself acquired, isn’t it logical that can he annul those of a woman bequeathed to him by Heaven! Rabbi Akiva said to him: No! If you speak of a woman whom he himself acquires, that is because others have no rights in her; will you say [the same] of a woman given to him by Heaven, in whom others too have rights! Rabbi Joshua said to him: Akiva, your words apply to two yevamim; but what will you answer if there is only one yavam? He (Rabbi Akiva) said to him (Rabbi Joshua): the yevamah is not as completely acquired to the yavam as a betrothed girl is to her [betrothed] husband.
If a man says to his wife, “All vows which you may vow from now until I return from such and such a place behold, they are upheld,” he has not said anything. [If he said: All vows which you may vow from now until I return from such and such a place], behold, they are annulled,”: Rabbi Eliezer says: they are annulled; The Sages say: they are not annulled. Said Rabbi Eliezer: if he can annul vows which have already had the force of a prohibition, surely he can annul those which have not had the force of prohibition! They said to him: behold, it is said, “Her husband may uphold it, and her husband may annul it” (Numbers 30:14), that which has entered the category of upholding, has entered the category of annulment; but that which has not entered the category of upholding, has not entered the category of annulment.
The annulment of vows is the whole day. This may result in a stringency or in a leniency. How is this so? If she vowed on the eve of the Sabbath, he can annul on the eve of the sabbath and on the Sabbath day until nightfall. If she vowed just before nightfall, he can annul only until nightfall: for if night fell and he had not annulled it, he can no longer annul it.
Chapter 11
And these are the vows which he can annul: vows which involve self-denial. [For instance:] “If I bathe” or “If I do not bathe;” “If I adorn myself,” or, “If I do not adorn myself.” Rabbi Yose says: these are not vows of self-denial.
But these are vows of self-denial:If she says, “Konam be the produce of the [whole] world to me”, he can annul. “Konam be the produce of this region to me,” he should bring her that of a different region. “[Konam be] the produce of this shopkeeper to me”, he cannot annul. But if he can obtain his sustenance only from him, he can annul, the words of Rabbi Yose.
[If she vows], “Konam, that which I benefit from mankind,” he cannot annul, and she can benefit from gleanings, forgotten sheaves, and the corners of the field. [If one says], “Konam be the benefit which priests and Levites have from me”, they can take [from him] against his will. [But if he vows,] “Konam be the benefit these priests and Levites have from me,” other [priests and Levites] should take.
[If she vows,] “Konam that which I do for my father,” [or] “your father,” [or] “my brother,” [or] “your brother,” [the husband] cannot annul it. [“Konam] “that which I do for you,” he need not annul it. Rabbi Akiva says: he should annul it, lest she make more than is fitting for him. Rabbi Yohanan ben Nuri said: he should annul it, lest he divorce her and she thereby be forbidden to him.
If his wife vowed, and he thought that his daughter had vowed, or if his daughter vowed and he thought that his wife had vowed; If she took the vow of a nazirite, and he thought that she had vowed by a korban, or if she vowed by a korban, and he thought that she vowed a nazirite vow; If she vowed [to abstain] from figs, and he thought that she vowed [to abstain] from grapes, or if she vowed [to abstain] from grapes and he thought that she vowed from figs, he must annul [the vow] again.
If she vows, “Konam these figs and grapes which I taste”, and he [the husband] confirms [the vow] in respect of figs, the whole [vow] is confirmed; If he annuls it in respect of figs, it is not annulled, unless he annuls in respect of grapes too. If she vows, “Konam the figs that I taste and these grapes that I taste”, they are two distinct vows.
[If the husband declares,] “I knew that there were vows, but I did not know that they could be annulled”, he may annul them [now]. [But if he says:] “I knew that I could annul them, but I did not know that this was a vow,” Rabbi Meir says: he cannot annul it, But the Sages say: he can annul.
If a man is under a vow that his son-in-law shall not benefit from him, and he wants to give money to his daughter, he must say to her, “This money is given to you as a gift, providing that your husband has no rights with it, [and it is only given to you] so that may put to your personal use.”
“But every vow of a widow and of a divorcee… shall be binding upon her” (Numbers 30:9).How is this so? If she said, “Behold, I will be a nazirite after thirty days”, even if she married within the thirty days, he cannot annul it. If she vows while in her husband’s domain, he can annul [the vow] for her. How is this so? If she said, “Behold, I will be a nazirite after thirty days,” [and her husband annulled it], even though she was widowed or divorced within the thirty days, it is annulled. If she vowed on one day, and he divorced her on the same day and took her back on the same day, he cannot annul it. This is the general rule: once she has gone into her own domain [even] for a single hour, he cannot annul.
There are nine young girls whose vows stand: [1a] a girl who reached majority age who is [like] an orphan; [1b] a young girl [who vowed] and [then] reached majority age who is [like] an orphan; [1c] a young girl who has not yet reached majority age, who is [like] an orphan; [2a] a girl who reached majority age and whose father died; [2b] a young girl [who vowed] and [then] reached majority age and whose father died; [2c] a young girl who has not yet reached majority age and whose father died; [3a] a young girl whose father died, and after her father died she became of majority age; [3b] a girl who has reached majority age whose father is alive; [3c] a young girl who has reached majority age and whose father is alive. Rabbi Judah says: also one who married off his daughter while a minor, and she was widowed or divorced and returned to him [her father] and is still a young girl.
[If she vows,] “Konam the benefit that I derive from my father or from your father if I make anything for you,” Or, “Konam the benefit that I derive from you, if I make anything for my father or your father,” he can annul.
At first they would say that three women must be divorced and receive their ketubah: She who says: “I am defiled to you”; “Heaven is between me and you”; “I have been removed from the Jews.” But subsequently they changed the ruling to prevent her from setting her eye on another and spoiling herself to her husband: She who said, “I am defiled unto you” must bring proof. “Heaven is between me and you” they [shall appease them] by a request. “I have been removed from the Jews” he [the husband] must annul his portion, and she may have relations with him, and she shall be removed from other Jews.